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(영문) 광주지방법원 목포지원 2018.06.15 2018고단268

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court on November 26, 2012, and on June 17, 2014, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act.

The Defendant, around 18:06 on March 17, 2018, at 10:10, 10, 10,000, 10,000 Gaelaea, 10,00,00,00 from the front day of the Yansan-gun, Yansan-gun, Nam

From about 50 km to the front road, C lux car was driven under the influence of alcohol level of about 0.142% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of a summary order of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order have been convicted of a fine twice due to driving of alcohol, the accused is the time of committing the crime, and the accused is repented, and the driving of drinking again is not possible;

The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.